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Home My WebLink About13-1031 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 RESOLUTION 2013-103 FILE NO.: SPMJ 420124419 A RESOLUTION GRANTING A MAJOR ADJUSTMENT TO THE AVALON BEACH PLANNED UNIT DEVELOPMENT WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, based on the testimony and evidence, including but not limited to the staff report, has made the following determinations: UTG Avalon Beach, LLC, presented a petition for a Major Adjustment to an existing Planned Unit Development (PUD) Site Plan known as Avalon Beach PUD to modify a recreation tract, add one single family lot and add two dune crossovers on the oceanfront portion of the project, located on North Hutchinson Island, between north and south Avalon State Park, approximately .5 miles south of the Indian River County line, as described in Section B. 2. On November 8, 2005, this Board adopted Resolution 95-356, granting Final Planned Unit Development Site Plan approval and a change in zoning to PUD (Planned Unit Development -Ocean Estates) fora 38 lot ocean to river single family residential subdivision. 3. On November 14, 2006, this Board approved the final plat for Avalon Beach PUD, FKA Ocean Estates PUD. 4. On June 4, 2013, this Board held a public hearing on this petition for which public notice was published in the St. Lucie News Tribune, a sign was erected on the property, and a notice was mailed to all property owners within 500 feet at least 10 days prior to the hearing. 5. Pursuant to Land Development Code Section 11.02.05(F), this Board has determined that approving the proposed Major Adjustment to the Final PUD Site Plan is in substantial conformity with the original approval and meets the standards of review, subject to the conditions set forth in Part A of this Resolution. 6. The proposed project is consistent with the general purpose, goals, objectives and standards of the St. Lucie County Land Development Code, the St. Lucie County Comprehensive Plan and the Code of Ordinances of St. Lucie County. 7. The proposed project will not have an undue adverse effect on adjacent property, the character of the neighborhood, traffic conditions, parking, utility facilities, or other matters affecting the public health, safety and general welfare. 8. The Certificate of Capacity, issued on November 9, 2005, remains valid and SPMJ 420124419 Resolution 2013-103 June 4, 2013 JOSEPH E. SMITH, CLERK OF THE CIRCUIT COURT Pa e 1 SAINT LUCIE COUNTY 9 FILE # 3846481 06/19/2013 at 11:40 AM OR BOOK 3530 PAGE 1207 - 1210 Doc Type: RESO RECORDING: $35.50 1 demonstrates compliance with the requirements under Chapter V, St. Lucie County Land 2 Development Code. 3 4 NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of St. Lucie 5 County, Florida: 6 7 A. Pursuant to Section 11.02.05 of the St. Lucie County Land Development Code, the Avalon 8 Beach PUD Site Plan is hereby approved as depicted on the site plan drawings for the 9 project prepared by Schulke, Bittle & Stoddard, LLC, dated May 19, 2011, last revised on 10 April 1, 2013, and date stamped received by the Planning and Development Services 11 Department on April 17, 2013, for the property described in Section B, subject to the 12 following conditions: 13 14 1. All terms and conditions of Resolution No. 05-356 granting Final Planned Unit 15 Development Site Plan approval shall continue to remain in full force and affect 16 unless amended pursuant to the Land Development Code. 17 18 2. The County's issuance of development approval does not constitute compliance 19 with any federal and state requirements. Applicable, federal and state 20 approvals/permits are required prior to the commencement of any development 21 activity (i.e. clearing, grading, removing structures, etc.). The responsibility for 22 contacting federal and state agencies, procuring permits/approvals and compliance 23 with applicable laws are the sole responsibility of the applicant. 24 25 3. Per Florida Statute 125.022, the issuance of development approval does not 26 create any liability on the part of the county if the applicant fails to obtain requisite 27 approvals or fulfill the obligations imposed by a state or federal agency or undertakes 28 actions that result in a violation of state or federal law. 29 30 4. Copies of all applicable state or federal permits/written approvals are required by 31 the County prior to issuance of a Vegetation Removal Permit and any development 32 activity. 33 34 5. All Category I Invasive Exotic vegetation shall be removed from within the project 35 boundary. The applicant shall replant any bare areas created by the removal of 36 exotic vegetation from the dune with native sea oats, subject to approval by the 37 Florida Department of Environmental Protection [7.09.05]. 38 39 6. The applicant shall fence off the rear of all lots with rope and bollards (or another 40 appropriate fence material) in order to prevent any impacts to the dune preservation 41 zone [6.02.01 ]. 42 43 7. All beachfront lighting shall meet the standards and guidelines set forth in the 44 Sea Turtle Protection Plan [6.04.02]. 45 SPMJ 420124419 Resolution 2013-103 June 4, 2013 Page 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 8. The subject property is in an archaeological zone and contains documented archaeological sites within the designated preserve area on the site plan. As such, no further excavation activity is permitted in the designated archaeological areas. Prior to any vegetation removal or site disturbance in this area, a Certificate to Dig per Section 4.11.13 of the County's Land Development Code is required to ensure proper protection of archaeological resources. B. The property on which this Major Adjustment is being approval is being granted is described as follows: PARCEL1 BEGINNING AT THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE, NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING, SAID LANDS LYING AND SITUATED IN ST. LUCIE COUNTY, FLORIDA. PARCEL 2 THE SOUTH 300 FEET OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST AND THE SOUTH 300 FEET OF GOVERNMENT LOT 4, SECTION 3, TOWNSHIP 34 SOUTH, RANGE 40 EAST, LESS AND EXCEPT THE 100 FOOT ROAD RIGHT-OF-WAY FOR A-1-A, AND LESS AND EXCEPT THE FOLLOWING DESCRIBED TRACT: BEGINNING TO THE INTERSECTION OF THE SOUTH BOUNDARY OF GOVERNMENT LOT 4, SECTION 3 TOWNSHIP 34 SOUTH, RANGE 40 EAST, AND THE EAST BOUNDARY OF THE PRESENT COUNTY ROAD RIGHT-OF-WAY, THENCE NORTHWESTERLY ALONG SAID RIGHT-OF-WAY 100 FEET AND RUN THENCE EAST, PARALLEL WITH THE SOUTH BOUNDARY OF SAID LOT 4, 390 FEET MORE OR LESS TO THE ATLANTIC OCEAN; THENCE, RUN SOUTHERLY MEANDERING THE OCEAN SHORELINE TO THE SOUTH BOUNDARY OF SAID LOT 4; THENCE, WEST ALONG SAID SOUTH BOUNDARY 389 FEET MORE OR LESS TO THE POINT OF BEGINNING; BEING THE TRACT DEED TO HARRY ZAHRLY AND HIS WIFE, ANNA ZAHRLY ON NOVEMBER 2, 1946, AS PER DEED RECORDED IN DEED BOOK 129, PAGE 147, PUBLIC RECORDS OF ST. LUCIE COUNTY, FLORIDA. Location: West and east sides of State Road A1A, adjacent to the Avalon State Park and approximately .5 miles south of the Indian River County line. C. The Development Plan adjustment granted under this Resolution is specifically conditioned to the requirement that the petitioner, UTG Avalon, LLC, including any successors in interest, shall obtain all necessary development permits and construction authorizations from the appropriate State and Federal regulatory authorities, including but not limited to: the United States Army Corps of Engineers, the Florida Department of Environmental Protection, and the South Florida Water Management District, prig to the issuance of any local building permits of authorizations to commence deveJopmerit activities on the property described in Part B. ~Y`'~'x`""' ' D. The Certificate of Capacity granted on November 9, 2005, shall remain valid for the period of Development Plan approval. Should the Development Plan approval granted by this resolution expire or an extension be sought pursuant to Section 11.07.05(F) of the St. Lucie SPMJ 420124419 Resolution 2013-103 June 4, 2013 Page 3 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 County Land Development Code, a new certificate of capacity shall be required. ' E. A copy of this resolution shall be attached to the site plan drawings described in Section A, which plan shall be placed on file with the Planning and Development Services Director. After motion and second, the vote on this resolution was as follows: Chairman Tod Mowery AYE Vice-Chair Frannie Hutchinson AYE Commissioner Paula Lewis AYE Commissioner Chris Dzadovsky NAY Commissioner Kim Johnson AYE PASSED AND DULY ADOPTED this 4th Day of June, 2013. BOARD OF COUNTY COMMISSIONERS ST. LUCIE COUNTY, FLORIDA BY: Chairman ATTEST: SPMJ 420124419 June 4, 2013 Resolution 2013-103 Page 4 APPROVED AS TO FORM AND CORRECTNESS: